Land Court

Where defendant borrowers argue that the plaintiff bank did not prove that it held the applicable promissory note at the time of foreclosure and that the bank did not strictly comply with the requirements of paragraph 22 of the mortgage ...

Where the plaintiffs — a commercial landlord and one of its tenants — have requested a declaratory judgment regarding the application of a right of first refusal to the defendant adjacent tenant’s option to purchase its leased premises, a motion ...

Where the Southborough Board of Appeals has approved changes to a comprehensive permit concerning construction of a 15-unit townhouse, an appeal by the plaintiff abutters must be dismissed, as the plaintiffs failed to comply with the jurisdictional requirements for the ...

Where a plaintiff has asserted ownership over a narrow portion of land owned by the defendant next-door neighbor, the plaintiff has failed to establish adverse possession but has established certain rights of easement by prescription. “The plaintiff Thomas P. Cappelluzzo ...

Where a defendant was awarded proceeds from a court-ordered land sale in a partition proceeding, her counsel are entitled to attorneys’ liens pursuant to G.L.c. 221, §50. “In this partition action, both [Carole A. LoConte] Tedesco and [Phillips, Silver, Talman, ...

Where the Scituate zoning board issued a special permit authorizing the razing and reconstruction of a single-family dwelling, the board exceeded its authority, as a variance is necessary. “For the reasons stated below, I find and rule that the lot ...

Where the Weston zoning board denied a plaintiff’s appeal of a building permit issued to a defendant, her challenge must be dismissed for lack of jurisdiction based on her failure to provide notice to the town clerk within 20 days ...

Where the Newburyport planning board denied the plaintiffs’ request for revisions to a site plan, the board’s decision must be annulled because the site plan decision contravened a 2004 subdivision approval. “Richard E. Kaplan and David E. Kaplan, as they ...

Where plaintiff landowners have alleged an encroachment on their property by the defendants, the defendants are not entitled to summary judgment despite their assertion that any encroachment was de minimis. “This is a boundary dispute in which the plaintiffs claim ...

Where the town of Acushnet has challenged a decision by its zoning board to grant a dimensional variance for the construction of a single-family dwelling in the recently down-zoned Residential Village zoning district, the variance must be annulled under the ...